[SCAEUOLA libro quinto digestorum. ] §46.3.88.prFiliae intestato patri heredis negotia mater gessit et res uendendas per argentarios dedit idque ipsum codice conscriptum est: argentarii uniuersum redactum uenditionis soluerunt et post solutionem nouem fere annis, quidquid agendum erat, nomine pupillae mater egit eamque marito nuptum collocauit et res ei tradidit.
[SCAEVOLA, in the fifth book of the Digests.] A mother managed the affairs of her daughter, who was the heir of her intestate father, and delivered property to be sold through bankers, and this very transaction was recorded in the ledger. The bankers paid the entire proceeds of the sale, and for about nine years after the payment, the mother did whatever had to be done in the name of the ward, and gave her in marriage to a husband and delivered the property to him.
quaesitum est, an puella cum argentariis aliquam actionem habet, quando non ipsa stipulata sit pretium rerum, quae in uenditionem datae sunt, sed mater.
The question was asked whether the girl has any action against the bankers, since she herself did not stipulate the price of the things which were given for sale, but her mother did.
respondit, si de eo quaereretur, an iure ea solutione argentarii liberati essent, responderi iure liberatos.
He answered that, if the question were whether the bankers were legally released by that payment, the answer is that they were legally released.
CLAUDIUS: subest enim illa ex iurisdictione pendens quaestio, an pretia rerum, quae sciebant esse pupillae, bona fide soluisse uideantur matri, quae ius administrationis non habebat: ideoque si hoc sciebant, non liberantur, scilicet si mater soluendo non sit.
CLAUDIUS: For there underlies that question depending on judicial discretion, whether they are deemed to have paid in good faith to the mother, who did not have the right of administration, the prices of things which they knew belonged to the ward; and therefore, if they knew this, they are not released, namely, if the mother is not solvent.